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(영문) 의정부지방법원 2013.08.20 2013고단2195

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 2, 2013, at around 15:33, the Defendant: (a) driven a B rocketing motor vehicle with no mandatory insurance coverage at a rate of 0.173% alcohol content; (b) opened the said intersection at a rate of 5:00 per cent from the right edge of the senior citizens’ hall located in the Newsan-ri, toward the intersection at which it is impossible to know one lane; and (c) entered the said intersection; (d) the vehicle was an intersection with no signal apparatus, where the passage of other vehicle is frequent; and (e) in such cases, a person engaged in driving the motor vehicle has a duty of care to reduce the speed of the motor vehicle and prevent the accident by accurately manipulating the brakes and steering the steering gear at the same time; (e) the Defendant was negligent in driving the motor vehicle at the right edge of the said 4:00 square meters at the right edge of the said passenger vehicle without being able to repair the motor vehicle at the right edge of the said intersection; and (e) the victim (the victim) was at the right edge of the said 45:00-day of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Survey report on actual condition, report on actual condition of a driver, and mandatory insurance;

1. A written diagnosis (C), written estimate (D);

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning criminal facts (the point of escape after occupational injury) and Article 268 of the Criminal Act.